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20121202
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can. the obama administration says, agrees that law is unconstitutional. that law is now being defended by a lawyer hired by the republicans in the house of representatives. so that -- that is one case. the other case is the proposition 8 case in california. if you recall, california -- there was a referendum -- the california supreme court ruled that there had to be same sex marriage under the california constitution. gay people had the right to get married there for a brief period of time. then there was an initiative put on the ballot, proposition 8, california voted in a close election to overturn same sex marriage. same sex marriage was banned after it was briefly legal. the federal district court had a trial there, and said that law, proposition 8, banning same sex marriage, is unconstitutional. that was affirmed on appeal, that is now appealed to the supreme court and they will now decide whether proposition 8 is constitutional or not. >> when we talk about this as being a historical sort of review, clearly there were different laws passed at the state level. so now it i
's interesting that the obama administration is not defending the law with the justice department. is that significant? >> it's very significant. it's pretty unusual. it happens once in a while. obama's come out and said, we've looked at this. it's a legal issue that we've looked at and it is an unconstitutional statute so we're not going to defend it. could be a political thing, too. >> what does that mean for gay people if the defense of marriage act is struck down in this country? >> it just means that we're going to have availability of benefits on the federal level. we have them on the state level for those states that have same-sex marriage. but it's not going to make it illegal not to have same-sex marriage. it will be a start in the right direction for full rights for gay people. >> for self-esteem and for -- as gay people say, pride, it would also mean a lot as well? >> it's the first step. and i think it's the right decision. >> thank you, karen. very interesting. argued in front of the supreme court. good stuff. >>> next here on cnn -- >> an nba legend sits down to talk
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